Research

How would a “no deal Brexit” affect research?

The Withdrawal Agreement provides for the continuing participation in Horizon 2020 of researchers and institutions in the United Kingdom. In the event of a “no deal Brexit”, the United Kingdom Government has indicated it will guarantee funding for competitively bid for European Union projects submitted before departure from the European Union, including Horizon 2020 projects. This guarantee will cover all successful bids submitted by United Kingdom participants before the United Kingdom departs the European Union, for the full duration of the projects however, this guarantee does not cover funding for organisations from other countries who are in consortia with UK participants.

In the event of a “no deal Brexit”, existing contracts involving United Kingdom partners will require review for example, to establish whether “third country” restrictions may apply. In the absence of a Withdrawal Agreement, the United Kingdom will immediately be deemed a “third country” on the effective date of the United Kingdom’s departure from the European Union.

The European University Association has issued guidance on a “no deal Brexit” which is published at https://eua.eu/downloads/publications/how%20universities%20can%20prepare%20for%20a%20no-deal%20scenario.pdf.

For further information on the United Kingdom’s position on Horizon 2020, please visit the United Kingdom Government’s website at https://www.gov.uk/government/publications/horizon-2020-funding-if-theres-no-brexit-deal/horizon-2020-funding-if-theres-no-brexit-deal--2  

Will the United Kingdom be eligible to participate in the Horizon Europe research program?

The future participation of the United Kingdom in any European Union programmes will be determined in negotiations that follow the effective date of the United Kingdom’s departure from the European Union however, in the event of a “no deal Brexit”, there is no provision for these negotiations to take place.

Will Brexit impact on intellectual property rights in the United Kingdom?

The United Kingdom’s departure from the European Union is most relevant to forms of registered intellectual property which are of a pan-EU nature (i.e. registered community trade marks and registered community designs). In the event of a “no deal Brexit”, rights holders with an existing European Union trade mark or registered Community design will have a new United Kingdom equivalent right granted that will come into force at the point of the United Kingdom’s exit from the European Union.

For other forms of intellectual property such as patents and copyright, the United Kingdom’s position is based on international treaties which are independent of its European Union membership and so these categories of intellectual property are not impacted by the United Kingdom’s departure from the European Union to the same degree.

For intellectual property generally, European Union Directives on matters such as intellectual property enforcement rights and remedies would cease to automatically apply to the United Kingdom absent an agreement with the European Union to provide otherwise.

For further information on the position of intellectual property rights in the United Kingdom following its departure from the European Union, please visit the United Kingdom Government’s website at https://www.gov.uk/government/publications/ip-and-brexit-the-facts/ip-and-brexit 

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